Citation : 2023 Latest Caselaw 22240 ALL
Judgement Date : 17 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:54307 Court No. - 20 Case :- WRIT - A No. - 6008 of 2023 Petitioner :- Head Constable Pno. 902350281 Yatendra Pal Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Civil Sectt. Lko And 2 Others Counsel for Petitioner :- Anil Kumar Yadav,Sanjay Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.
2. Petition has been filed seeking quashing of departmental inquiry instituted by issuance of charge-sheet dated 01.05.2023.
3. It has been submitted that petitioner's wife has instituted Case Crime No.0123 of 2022, under Sections 498A, 418, 494, 504 and 506 IPC leveling an allegation of bigamy against petitioner. It is submitted that it was in pursuance of first information report that the impugned departmental proceedings have been instituted against petitioner with the same charges and the same set of evidence. He has placed reliance on judgment rendered by Hon'ble the Supreme Court in the Case of Capt. M. Paul Anthony versus Bharat Gold Mine Limited & Anr. reported in (1999)3 Supreme Court Cases 669. It is submitted that for the said relief, petitioner has already submitted a representation dated 16.06.2023 to the concerned authority. At present learned counsel for petitioner restricts his prayer for a final decision with regard to same.
4. Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No.2 i.e. Superintendent of Police, Kheri, is directed to consider and decide representation dated 16.06.2023 by reasoned and speaking order within a period of six weeks from the date a certified copy of this order is produced before said authority. Petitioner shall annex a copy of representation dated 16.06.2023 alongwith a copy of this order.
5. With the aforesaid observation, petition stands disposed of.
Order Date :- 17.8.2023
Subodh/-
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